Wadsworth, J.

1. This revision petition challenges the correctness of an order confirming a sale when the decree upon which the sale was based had been set aside in appeal in the interval between the holding of the sale and the passing of the order of confirmation. Under this decree there were two sales. At the first the decree holder was the purchaser and the sale was set aside. On 11th December, 1939, there was a fresh sale and the present respondent, a stranger, purchased the property. Against this sale also there was an application under Order 21, Rule 90, Civil Procedure Code. That application was dismissed on 25th January, 1940; but for some reason the sale was not immediately confirmed. On 30th January, 1940, the defendants appeal succeeded and the suit was dismissed. On the following day the executing Court was appraised of this result and the matter of the confirmation of the sale was adjourned. Meanwhile a review application was filed against the dismissal of the application under Order 21, Rule 90. This review application was rejected on 15th March, 1940 and the sale was forthwith confirmed. It is contended that the executing Court had no jurisdiction to proceed w